Dear Atty. Kathy,

My friend has a collection of bundles of 50s and 20s crisp peso bills, which he wanted to sell. However, as soon as my friend gave the pouch containing the crisp peso bills to the buyer and he accepted the payment, he was arrested by the person he was selling the crisp bills to, who turned out to be an undercover policeman. The policeman said the bills were fake. According to my friend, however, he was only framed. I am worried for my friend. Will he be held responsible even if he was only framed?

Kevin

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Dear Kevin,

The Supreme Court enumerated the elements of illegal possession and use of false bank notes under Article 168 of the Revised Penal Code, as follows: (1) that any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person; (2) that the offender knows that any of the said instruments is forged or falsified; and (3) that the offender either used, or possessed with intent to use, any of such forged or falsified instruments.

Your friend’s peso bills must be confirmed to be counterfeit. Further, your friend’s knowledge that the bills were counterfeit should be proven by his acceptance of the payment. Please note that as also held by the Supreme Court, receipt of consideration in exchange for counterfeit notes establishes knowledge of the counterfeit nature of the notes. Finally, it has to be established that your friend demanded for payment in exchange for the old peso bills he handed over to the buyer.

If all the foregoing elements are present, your friend will be held liable and will be sentenced to the appropriate penalties of imprisonment and fine.

With regard to your friend’s defense that he was only framed, the Supreme Court has ruled that mere denial and allegation of frame-up are not given sufficient weight absent clear proof. Thus, if your friend’s claim of a frame-up is not corroborated by any evidence, and there is consistent and positive identifications by law enforcement officers that your friend, for consideration, delivered the pouch with the counterfeit notes, then the Court will not consider such defense of frame-up in your friend’s favor, and he will be held liable for illegal possession and use of bank notes.

(Allan Gacasan y Langamin versus People of the Philippines, G.R. No. 261670, 23 August 2023)

Atty. Kathy Larios